2013 SESSION OF THE
MARYLAND GENERAL ASSEMBLY
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2013 SESSION OF THE |
| Volume 19, Number 3 |
February 20, 2013 |
Here are some of the hot issues as the 2013 Legislative Session develops:
Medical Liability
Firearm Safety Act of 2013
Behavioral Health Integration
Observation Stays
The Honorable Hattie Harrison, Baltimore City Delegate, Dies at 84
Gene Green Visits Annapolis
Maryland Independent Higher Education Day
In response to recent exorbitant judgments in medical liability cases, Johns Hopkins is working with a coalition comprised of the largest hospital systems in the state on legislation to mitigate risk in future cases. The bills are designed to: provide protections for patients and providers for full disclosure and transparent discussions within the context of early intervention programs; create mandatory structured settlements for awards over $1 million; change the statutory post-judgment interest rate to reflect prevailing interest rates; and update the definition of health care provider for noneconomic damages cap protection. The bills have been introduced in the House and Senate and will have hearings scheduled in the coming weeks. Experts from Johns Hopkins will travel to Annapolis to provide testimony on the bills.
Firearm Safety Act of 2013
On February 6, Professor Daniel Webster, Director of the Center for Gun Policy and Research at the Johns Hopkins Bloomberg School of Public Health, traveled to Annapolis to testify with a large panel of witnesses in favor of the Governor's public safety legislation. In a hearing that lasted nine hours, over 700 individuals registered to testify, most in opposition to the bills. Professor Webster's testimony centered on data-analysis supporting certain components of the legislation. His testimony was later referenced by supporters several times through the duration of the hearing.
Behavioral Health Integration
The Alcohol and Drug Abuse Administration budget was heard in the House last week. The hearing included an in-depth analysis of the Department of Health and Mental Hygiene's recommendation to carve substance abuse services out of the HealthChoice Medicaid program. Dr. Eric Strain, Director of the Center for Substance Abuse Treatment and Research, testified before the committee in support of Johns Hopkins Medicine's opposition to the substance abuse carve-out.
Observation Stays
The Senate unanimously passed legislation last week which requires hospitals to give oral and written notice to a patient if the patient receives on site services from the hospitals for more than 23 hours. The legislation also requires the notice to include the billing and benefits implications of the observation status on the patient. The legislation includes amendments offered by the Maryland Hospital Association which change the length of service from 18 to 23 hours and eliminate the requirement that the notice be standard in every hospital.
The Honorable Hattie Harrison, Baltimore City Delegate, Dies at 84
Delegate Hattie Harrison died on Monday, January 28th. First elected to the General Assembly in 1973, she was the longest-serving member of the House of Delegates. Delegate Harrison represented District 45 which includes the Johns Hopkins Hospital and East Baltimore campus. Over the years she worked closely with Johns Hopkins leadership and was an ardent supporter of our institution in Annapolis. "Miss Hattie", as she was affectionately called, was the first African-American woman to chair a legislative committee in Maryland. Delegate Harrison's death marks a great loss for the District 45, Baltimore City, and the State of Maryland. She was a tireless advocate and she will be greatly missed by the many people whose lives she has touched. Flowers and expressions of sympathy have been sent to her family on behalf of Johns Hopkins.
Gene Green Visits Annapolis
Dr. Gene Green, Suburban Hospital's newly appointed president, spent time in Annapolis last week meeting with Senate President Mike Miller and members of the General Assembly who represent Montgomery County. He was well-received by the legislators at his introductory meetings, where he also articulated Johns Hopkins Medicine's priorities for this session.
Maryland Independent Higher Education Day
On February 14, the Maryland Independent College and University Association (MICUA) hosted Independent Higher Education Day and marked the 40th anniversary of the Sellinger Program. Administrators, faculty, and students from Maryland's private colleges came to Annapolis to show their support for the Sellinger formula, a unique partnership through which the state provides funding to private colleges and universities. As introduced, the budget includes approximately $41 million for Sellinger, of which Johns Hopkins is projected to receive approximately $17 million. MICUA also held its Board of Trustees meeting. Daniel Ennis, Senior Vice President for Finance and Administration, attended this meeting on behalf of Johns Hopkins. A short video presentation on the contributions of Maryland's private colleges is available here: http://www.micua.org/uncategorised/celebrate.
BILLS INTRODUCED
Behavioral Health SB0822 Mental Health and Substance Use Disorder Safety Net Act of 2013 SB 822 requires the Department of Public Safety and the Department of Health and Mental Hygiene to establish a specified Prison In-Reach Program. Requires each county board of education to include behavioral health services with school health services. Requires the Alcohol and Drug Abuse Administration to implement a specified program throughout the state to promote early identification of substance abuse. Effective Date: July 1, 2013 [GO TO TOP] [GO TO BILL LIST] HB0203 Economic Development - Arts, Business, and Cultural District - Pennsylvania Avenue Corridor in Baltimore City HB 203 will require the Secretary of Business and Economic Development to designate an arts, business, and cultural district in the Pennsylvania Avenue Corridor in Baltimore City; providing for the purpose of the arts, business, and cultural district; and authorizing specified tax credits for qualifying individuals located or working within the arts, business, and cultural district. Effective Date: October 1, 2013 HB0227 Maryland Employment Advancement Right Now (EARN) Program HB 227 is an administration bill establishing the Maryland Employment Advancement Right Now (EARN) Program in the Department of Labor, Licensing, and Regulation (DLLR). DLLR must establish and administer the program in consultation with the Department of Business and Economic Development (DBED) and the Governor's Workforce Investment Board (GWIB) to provide competitive grants for specified industry partnerships and training programs. DLLR must also develop and implement a State employment advancement strategy, in consultation with the Department of Budget and Management (DBM), and develop a "Train Maryland" website in consultation with DBED and the Department of Information Technology (DoIT). Effective Date: June 1, 2013 HB0326 Criminal Procedure - Vulnerable Adult Abuse Registry HB 326 requires the Department of Health and Mental Hygiene (DHMH) to establish and maintain a registry containing the names of individuals who have been: (1) convicted of a vulnerable adult abuse crime, or (2) found by a state agency to have abused, neglected, or misappropriated or exploited the property of a vulnerable adult. Effective Date: October 1, 2013 HB0328 Biotechnology Investment Tax Credit - Qualified Maryland Biotechnology Company - Definition HB 328 alters the definition of "qualified Maryland biotechnology company" for purposes of the biotechnology investment tax credit to exclude a company that has received investments from specified qualified investors; repealing obsolete language; and applying the act to initial tax credit certificates issued after June 30, 2013. Effective Date: June 1, 2013 SB0070 Business and Economic Development - Enterprise Fund and Invest Maryland Program SB 70, this emergency departmental bill makes several changes to the Enterprise Fund and Invest Maryland Program within the Department of Business and Economic Development (DBED) by (1) altering the permissible uses and allocation of funds received by venture firms; (2) allowing DBED to acquire greater ownership interests; (3) clarifying insurance company restrictions related to ownership of venture firms; and (4) altering certain reporting requirements. Effective Date: Emergency Measure SB0779 Biotechnology Investment Tax Credit - Qualified Maryland Biotechnology Company - Definition SB 779 alters the definition of "qualified Maryland biotechnology company" for purposes of the biotechnology investment tax credit to exclude a company that has received investments from specified qualified investors; repeals obsolete language; and applies the act to initial tax credit certificates issued after June 30, 2013. Effective Date: June 1, 2013 [GO TO TOP] [GO TO BILL LIST] HB0138 Video Lottery Proceeds - Education Trust Fund - Security and Mental Health Services at Public Schools HB 138 authorizes the use of video lottery proceeds credited to the Education Trust Fund to provide funds for security personnel and equipment at public elementary and secondary schools and for mental health services to students at public elementary and secondary schools. Effective Date: October 1, 2013 HB0433 Agriculture - Lawn Care Pesticides - Child Care and School Facilities - Prohibition HB 433 prohibits the application of a lawn care pesticide on the grounds of any "child care facility" or "school," including a playground or recreational field, unless the Secretary of Agriculture determines that an emergency application is necessary. In the event of an emergency application, children must be prohibited from access to the area treated for at least the amount of time specified on the pesticide label. Each child care facility and school must keep records of emergency applications and designate a contact person to maintain the pesticide label or material safety data sheet of each lawn care pesticide used. Specified notification must also be provided to each parent, guardian, and staff member within 24 hours of an emergency application or on the next school day. Effective Date: June 1, 2013 HB0813 Task Force to Study the Impact of Expanding Noncredit Courses for Students with Developmental Disabilities HB 813 creates and identifies the responsibilities of the Task Force to Study the Impact of Expanding Noncredit Courses for Students with Developmental Disabilities. Effective Date: July 1, 2013 HB0830 Alternatives to the General Educational Development Tests - Study HB 830 requires the Division of Workforce Development and Adult Learning in the Department of Labor, Licensing, and Regulation to conduct a study regarding evaluation of alternative methods for obtaining the equivalent of a high school diploma. Effective Date: June 1, 2013 HB0843 State Board of Education - Financial Literacy Curriculum - Graduation Requirement HB 843 requires the State Board of Education to develop curriculum content for a course in financial literacy. Additionally requires each county board of education to implement the financial literacy curriculum content developed by the State Board in every high school in the county and requires students to complete a course in financial literacy in order to graduate from high school. Effective Date: October 1, 2013 HB0844 Public School Teachers - Certification - Continuing Education HB 844 requires each county board of education to establish continuing education criteria for certified public school teachers and to implement a system for verifying completion of the continuing education requirements. Additionally, HB 844 authorizes continuing education criteria to include college course credit, leadership roles, preparation for National Board Certification or monetary grants, professional development, coaching, advising, or sponsoring extracurricular activities, and school-related community service. Effective Date: October 1, 2013 HB0855 Student Health and Fitness Act HB 855 requires that a public school student in elementary school be provided a daily physical activity totaling at least 150 minutes of physical activity each week, including 90 minutes of physical education. HB 855 requires that schools designate a physical activity leadership team to plan and coordinate student activities. Effective Date: October 1, 2013 HB0860 Baltimore City Public Schools Construction Authority HB 860 establishes the Baltimore City Public Schools Construction Authority, requires the state to provide a block grant each year for school construction projects in Baltimore City, provides funding and an annual increase in the amount of funding for school construction in Baltimore City. Effective Date: July 1, 2013 HB0875 Education - Public Schools - Parent Empowerment HB 875 authorizes parents and legal guardians of students attending public schools that are not meeting state accountability goals to petition county boards of education to implement interventions. Additionally HB 875 requires county boards to notify the State Superintendent of Schools and the State Board of Education on receipt of petitions and of the final dispositions regarding the petitions. Effective Date: October 1, 2013 HB0880 Public School Property - Acquisition and Sale Requirements - Exemptions HB 880 exempts public school property used for student construction training programs from the requirement to obtain approval from the State Superintendent of Schools for the acquisition and sale of the property. Effective Date: July 1, 2013 HB0925 Maryland Early Learning Challenge and School Readiness Act (Race to the Tots) HB 925 establishes the Early Learning Challenge and School Readiness Grant Program in the State Department of Education. Effective Date: July 1, 2013 HB1026 Education - Public School Funding - Calculation HB 1026 alters the definition of "full-time equivalent enrollment" in the calculation for specified state aid for education and requires that public schools be funded based on a specified calculation of pupil attendance at specified times during the school year. Effective Date: July 1, 2013 HB1051 Education - Charter Schools - Study to Recommend Improvements to the Maryland Public Charter School Program HB 1051 requires the Maryland State Department of Education to conduct a study and provide recommendations to the Governor and the General Assembly on or before December 15, 2013, regarding improvements to the Maryland Public Charter School Program. Effective Date: July 1, 2013 HB1052 Education - Public Charter Schools - Hiring of Certificated and Paraprofessional Employees HB 1052 requires mutual consent between the county board and the charter for the hiring of specified, qualified, and certificated individuals and paraprofessional employees working in a public charter school. Effective Date: July 1, 2013 Hb1176 Primary and Secondary Education - Online Courses and Services - Accessibility HB 1176 requires the development, review, and approval of online courses and services to include an assessment regarding the accessibility of the online course or service to individuals with disabilities, including the blind. Effective Date: October 1, 2013 HB1200 Education - Maryland Charter School Advisory Council - Establishment HB 1200 establishes the Maryland Charter School Advisory Council within the State Department of Education. Effective Date: July 1, 2013 HB1249 Baltimore City - School Construction - Block Grants HB 1249 establishes the Baltimore City Public Schools Construction Authority and requires the State to provide a block grant each year for school construction projects in Baltimore City. Additionally the bill sets an annual increase in the amount of funding for school construction projects in Baltimore City. Effective Date: July 1, 2013 HB1284 Baltimore City Public Schools - Requirement to Demolish Closed Schools HB 1284 requires the Baltimore City Board of School Commissioners to demolish closed public school buildings in Baltimore City within 3 years after the date the school was closed unless the school building has been reopened, transferred, sold, or disposed of in another manner. Effective Date: October 1, 2013 HB1286 Education - Due Process Hearings for Children with Disabilities - Burden of Proof HB 1286 requires the State Department of Education, a local school system, or any State agency responsible for providing education to students with disabilities to bear the burden of proof in a due process hearing relating to a dispute over the identification, evaluation, educational placement, or provision of a free appropriate education to a child with disabilities. Effective Date: October 1, 2013 HB1320 Baltimore City and Baltimore County - Child in Need of Supervision Pilot Program - Increase, Allocation, and Extension HB 1320 increases and allocates the general fund appropriation for and extends the termination date of the Child in Need of Supervision Pilot Program in Baltimore City and Baltimore County. Effective Date: June 1, 2013 HB1398 Education - Charter Schools - Principals and Teachers - Resident Certification HB 1398 authorizes a public charter school to employ, without requesting specified approval, a principal who has a Resident Principal Certificate or a teacher who has a Resident Teacher Certificate. Additionally, the bill requires a public charter school to ensure that specified requirements for issuance of a Resident Principal Certificate or a Resident Teacher Certificate have been met. Effective Date: July 1, 2013 HB1408 Family Law - Criminal History Records Checks - Student Teachers HB 1408 requires the Department of Public Safety and Correctional Services, on written request from a specified student teacher, to submit a specified printed statement to additional employers if the criminal history records check was completed during the prior 365 days and establishes that a specified printed statement is valid in any county in the state. Effective Date: October 1, 2013 SB0412 Agriculture - Lawn Care Pesticides - Child Care and School Facilities - Prohibition SB 412 prohibits the application of a lawn care pesticide on the grounds of any "child care facility" or "school," including a playground or recreational field, unless the Secretary of Agriculture determines that an emergency application is necessary. In the event of an emergency application, children must be prohibited from access to the area treated for at least the amount of time specified on the pesticide label. Each child care facility and school must keep records of emergency applications and designate a contact person to maintain the pesticide label or material safety data sheet of each lawn care pesticide used. Specified notification must also be provided to each parent, guardian, and Effective Date: June 1, 2013 SB0433 Task Force to Study the Establishment of Charter Schools for Adult Education SB 433 establishes the Task Force to Study the Establishment of Charter Schools for Adult Education. Effective Date: June 1, 2013 SB0694 Public School Teachers - Certification - Continuing Education SB 694 requires each county board of education to establish continuing education criteria for certificated public school teachers and to implement a system for verifying completion of the continuing education requirements; also authorizes the criteria to include college course credit, leadership roles, preparation for National Board Certification or monetary grants, professional development, coaching, advising, or sponsoring extracurricular activities, and school-related community service. Effective Date: October 1, 2013 SB0740 College Readiness and Completion Act of 2013 SB 740 requires the State Department of Education to establish specified mathematics course requirements for specified students; requires students to enroll in a college preparation curriculum except in a specified circumstance; requires the Department to make a specified assessment of all students in the 11th grade by a specified school year; requires the Department, in collaboration with a specified association, to develop and implement specified courses for the 12th grade by a specified school year; etc. Effective Date: July 1, 2013 SB0743 Baltimore City Public Schools Construction Authority SB 743 establishes the Baltimore City Public Schools Construction Authority; authorizes the issuance of specified bonds; requires the state to provide a block grant each year for school construction projects in Baltimore City; provides for the funding and an annual increase in the amount of funding for school construction projects in Baltimore City; increases the amount of outstanding debt that the Baltimore City Board of School Commissioners may issue; etc. Effective Date: July 1, 2013 SB0775 Education - Model Performance Evaluation Criteria - Implementation SB 775 prohibits the State Board of Education from requiring a specified model performance evaluation criteria to take effect unless specified conditions are met. Effective Date: October 1, 2013 SB0824 Income Tax Credit - Classroom Expenses for Teachers SB 824 allows teachers a credit against the state income tax for classroom expenses and supplies. Effective Date: July 1, 2013 SB0855 Public Schools - Collection of Biometric Information from Students - Prohibited SB 855 prohibits a county board or a person subject to the direction and control of the county board from collecting biometric information from any student enrolled in a public school. Effective Date: October 1, 2013 SB0926 Education - State and Local Aid Program for Certification or Renewal of Certification - Sunset Repeal SB 926 repeals the termination date on a provision of law relating to the State and Local Aid Program for Certification by the National Board for Professional Teaching Standards. Effective Date: June 1, 2013 SB0929 Public Schools - Cardiopulmonary Resuscitation and Automated External Defibrillator Instruction - Graduation Requirement SB 929 requires a public school student to complete instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator to graduate from high school, beginning with students entering grade 9 in the 2013-2014 school year. The bill requires each county board of education to provide instruction in cardiopulmonary resuscitation and automated external defibrillator use in specified schools beginning in the 2014-2015 school year, using a specified instructional program and incorporating specified skills. Effective Date: July 1, 2013 SB0963 Task Force to Study a Post-Labor Day Start Date for Maryland Public Schools SB 963 establishes the Task Force to Study a Post-Labor Day Start Date for Maryland Public Schools. The bill provides for the membership, chair, and staff for the Task Force, requires the Task Force to study issues relating to a post-Labor Day start date for Maryland public schools, and requires the Task Force to report to the Governor and the General Assembly on or before June 30, 2014. Effective Date: July 1, 2013 [GO TO TOP] [GO TO BILL LIST] SB0333 Criminal Procedure - Vulnerable Adult Abuse Registry SB 333 requires the Department of Health and Mental Hygiene (DHMH) to establish and maintain a registry containing the names of individuals who have been: (1) convicted of a vulnerable adult abuse crime, or (2) found by a state agency to have abused, neglected, or misappropriated or exploited the property of a vulnerable adult. Effective Date: October 1, 2013 SB0557 Medical Records - Disclosure in Response to Compulsory Process - Requirements SB 557 requires a person who discloses a medical record in response to compulsory process to make a certification within 5 business days to the judicial officer who issued the compulsory process. The bill requires the person to include a statement in the certification that certifies that the disclosure was made in compliance with state and federal privacy laws as it relates to medical records; requires the person to mail a copy of the certification to the person of interest and if applicable, the parties to a criminal or juvenile delinquency case, except under specified circumstances. Effective Date: October 1, 2013 [GO TO TOP] [GO TO BILL LIST] SB0509 Cosmetic Surgery - Regulation SB 509 requires an office or a facility in which a cosmetic surgical procedure is performed to be licensed as a freestanding ambulatory care facility. In this bill, "cosmetic surgical procedure" means the use of surgical services to reshape the structure of a human body in order to change the appearance of an individual. Effective Date: October 1, 2013 SB0798 Hospitals - Credentialing and Privileging Process - Telemedicine SB 798 permits a hospital, in its credentialing and privileging process for a physician who provides medical services for patients at the hospital only through "telemedicine" from a distant site hospital or telemedicine entity, to rely on the credentialing and privileges decisions for the physician made by the distant site hospital or telemedicine entity, in accordance with federal regulations. Effective Date: October 1, 2013 [GO TO TOP] [GO TO BILL LIST] HB0536 Health Occupations - Magnetic Resonance Imaging Services - Study HB 536 requires the Department of Health and Mental Hygiene to conduct a study, and report on the findings, of the ordering of magnetic resonance imaging services by physicians in nonradiology group practices that, before July 1, 2011, owned or leased a magnetic resonance imaging machine and referred patients for in-office magnetic resonance imaging scans on the machine. Effective Date: July 1, 2013 HB0630 Rules of Interpretation - Interpretation of "Physician" - Inclusion of Advanced Practice Nurse and Physician Assistant HB 630 requires that under certain circumstances, the term physician includes an advanced practice nurse and a physician assistant. Effective Date: October 1, 2013 HB0712 Health Occupations Boards - Criminal History Records Checks - General Authority HB 712 authorizes a health occupation board to require applicants for an initial license or certificate to have a criminal history records check. Additionally the bill authorizes a health occupation board to require applicants for reinstatement of a lapsed license or certificate, removal from inactive status, or renewal of a license or certificate to have a criminal history records check. Effective Date: October 1, 2013 HB0716 Drug Therapy Management - Physician-Pharmacist Agreements HB 716 removes a requirement that the State Board of Pharmacy and State Board of Physicians approve a physician-pharmacist agreement to provider drug therapy management in a group model health maintenance organization. The bill also requires physicians and pharmacist in a group model health maintenance organization to submit copies of physician-pharmacist agreements to the State Board of Pharmacy and State Board of Physicians. Effective Date: October 1, 2013 HB0723 Health Occupations - Physician Assistants - Authority to Practice HB 723 authorizes a physician assistant to complete the following certificates under specified circumstances: that an individual is pregnant or has given birth to a child, certificate of birth, a certificate of death, and a replacement death certificate. Effective Date: October 1, 2013 HB0783 State Board of Pharmacy - Jurisdiction over Dentists Who Prepare and Dispense Dental Products and Antibiotics HB 783 alters the jurisdiction of the State Board of Pharmacy to exclude licensed dentists who personally prepare and dispense specified prescription strength dental products and specified antibiotics to patients receiving dental care pro bono and requires specified dentists to enter an appropriate record on a patient's chart. Effective Date: October 1, 2013 HB0805 Health Occupations - Board of Professional Counselors and Therapists - Denial of Applications HB 805 requires the State Board of Professional Counselors and Therapists to include a checklist of requirements on the application form. The bill also requires the Board to notify applicants of missing items, specifies the amount of time applicants have to complete their applications, and authorizes applicants to request additional time to complete their applications. Effective Date: October 1, 2013 HB0806 Health Occupations - State Board of Social Work Examiners - Revisions HB 806 requires applicants to the State Board of Social Work Examiners for licensure to submit to a criminal history records check and a mental or physical examination. Additionally, the bill prohibits specified licensees from practicing social work, engaging in private practice, and diagnosing specified disorders, and alters fines and penalty provisions relating to such violations. Effective Date: October 1, 2013 HB0879 Health Occupations - Polysomnographic Technologists - Licensure and Discipline HB 879 repeals the requirement that the State Board of Physicians place a licensed polysomnographic technologist on inactive status under specified circumstances and authorizes, but does not require, the Board to reinstate the effected license of a polysomnographic technologist. Additionally, the bill authorizes the Board to deny a license or take specified action against a licensee for failing to cooperate with a lawful investigation conducted by the Board. Effective Date: October 1, 2013 HB0900 Maryland Board of Physicians - Failure to Renew a License or Misrepresentation as a Licensed Person - Penalties HB 900 alters the penalties for failure to renew a license to practice medicine and for misrepresenting to the public that the person is authorized to practice medicine in Maryland. Effective Date: October 1, 2013 HB1029 State Board of Physicians - Naturopathic Doctors HB 1029 adds a naturopathic doctor to the State Board of Physicians and establishes the Naturopathic Medicine Advisory Committee within the Board. Effective Date: October 1, 2013 HB1096 State Board of Physicians and Allied Health Advisory Committees - Sunset Extension and Program Evaluation HB 1096 extends the Maryland Program Evaluation Act to July 1, 2018; as such, the bill extends the statutory and regulatory authority of the State Board of Physicians and specified allied health advisory committees. The bill also establishes disciplinary panels through which allegations are to be resolved. Effective Date: Emergency Measure HB1115 Health Occupations Boards - License Renewal, Investigation of Alleged Violations, and Immunity from Liability HB 1115 authorizes health occupation boards within the Department of Health and Mental Hygiene to establish a secure electronic system for the distribution of renewed licenses, permits, certifications, and registrations. The bill requires specified boards to discontinue sending renewal notices, licenses, permits, certificates, or registration by first-class mail, in favor of electronic communication. Effective Date: June 1, 2013 HB1121 Health Occupations - Dental Hygienists - Community Oral Health and Wellness Act HB 1121 authorizes a licensed dental hygienist, without the supervision of a dentist, to volunteer without compensation to provide specified services in any setting. Effective Date: October 1, 2013 HB1185 Criminal Law - Second Degree Assault - Health Care Practitioners HB 1185 expands the offense of felony second degree assault to include the intentional causing of physical injury to another person if the person committing the act knows or has reason to know that the other person is a "health care practitioner" engaged in the performance of the practitioner's official duties. A "health care practitioner" is an individual licensed, certified, or otherwise authorized under the Health Occupations Article to provide health care services. Effective Date: October 1, 2013 SB0501 State Board of Nursing - Licensure by Endorsement - Clinical Experience SB 501 clarifies the requirements for a nursing license when the Board issues a license by endorsement. The Board may waive the clinical experience requirements established under this subtitle for an applicant who has an active unencumbered license to practice registered nursing or licensed practical nursing in any other state or country but does not satisfy the requirement under subsection (b)(4)(i) of this section, if the applicant: (1) graduated from a program accredited by a nursing accreditation agency recognized by the Board; (2) has never been disciplined in another state or country; and (3) submits to the Board satisfactory evidence of completing 1,000 hours of active nursing practice within the 12-month period immediately preceding the date of the application. Effective Date: October 1, 2013 SB0512 Health Care Practitioners - Identification Badge SB 512 requires a health care practitioner shall wear a badge or other form of identification displaying in readily visible type the health care practitioner's name and he title or role of the health care practitioner. Effective Date: SB0541 Health Occupations - Licensed Podiatrists - Scope of Practice SB 541 alters the definition of "practice podiatry" to include the surgical treatment of acute ankle fracture in the scope of practice of licensed podiatrists. Effective Date: October 1, 2013 SB0550 State Board of Physicians - Disciplinary and Licensure Procedures - Revision SB 550 requires that the continuing education requirements allow a licensee to receive up to 10 credit hours for providing pro bono services; requires that the factual findings of a hearing officer under a specified provision of law be supported by clear and convincing evidence, rather than by a preponderance of the evidence; authorizes a licensee whose license has been summarily suspended by the State Board of Physicians to elect to have a hearing officer make specified final findings. Effective Date: October 1, 2013 SB0693 Health - Certified Nurse-Midwives and Freestanding Birthing Centers - Certificate of Need and Practice Privileges SB 693 exempts freestanding birthing centers from the requirement to have a certificate of need to operate; it requires nurse-midwives who are employed by hospitals to meet the same credentialing requirements as physicians; authorizes certified nurse-midwives to be granted admission privileges at hospitals; and prohibits the State Board of Nursing from requiring certified nurse-midwives to have written practice protocols for consultation, collaboration, and referral with physicians. Effective Date: October 1, 2013 SB0738 Health Occupations - Magnetic Resonance Imaging Services - Study SB 738 requires the Department of Health and Mental Hygiene to conduct a study regarding the ordering of magnetic resonance imaging services by physicians in nonradiology group practices; and requiring the Department to submit the results of the study to the Senate Education, Health, and Environmental Affairs Committee and the House Health and Government Operations Committee of the General Assembly on or before April 1, 2014. Effective Date: July 1, 2013 SB0747 Rules of Interpretation - Interpretation of "Physician" - Inclusion of Advanced Practice Nurse and Physician Assistant SB 747 expands the term "physician" to include an "advanced practice nurse" and a "physician assistant". Effective Date: October 1, 2013 SB0760 State Board of Nursing - Certified Nurse-Midwives - Standards and Practice Guidelines SB 760 prohibits the State Board of Nursing from requiring certified nurse-midwives to have written documentation of consultation, collaboration, or referral with another health care practitioner as a condition of licensure; requires certified nurse-midwives to comply with standards established by the American College of Nurse-Midwives or other organizations; and authorizes the Board, in the course of an investigation, to require a certified nurse-midwife to provide a copy of specified practice guidelines. Effective Date: October 1, 2013 SB0761 Health Occupations - State Board of Pharmacy - Waivers - Pharmacies That Only Dispense Devices SB 761 authorizes the State Board of Pharmacy to waive requirements for pharmacies that only dispense devices. Effective Date: Emergency Measure SB0837 Health Occupations Boards - Disciplinary Procedures - Prohibition on Stays SB 837 prohibits a hearing of charges filed by specified health occupations boards from being stayed or challenged by specified procedural defects, prohibits an order of specified health occupations boards from being stayed pending judicial review, alters the circumstances under which an order of specified health occupations boards may not be stayed, and repeals obsolete provisions of law regarding the stay of orders of specified health occupations boards. Effective Date: October 1, 2013 [GO TO TOP] [GO TO BILL LIST] HB0736 Health Insurance - Pharmacy Benefits Managers - Specialty Drugs HB 736 requires the State Board of Pharmacy, in consultation with the University of Maryland School of Pharmacy, to specify and publish a list of prescription drugs that may be considered specialty drugs by a pharmacy benefits manager. The bill also establishes that if a pharmacy benefits manager intends to designate prescription drugs as specialty drugs on a formulary, the designated drugs can be only those on the list published by the Board of Pharmacy. Effective Date: October 1, 2013 HB0808 Health Insurance Carriers - Prompt Payment of Claims - Workers' Compensation Claims HB 808 requires an insurer, a nonprofit health service plan, or a health maintenance organization to comply with prompt payment requirements, notwithstanding that compensability under the workers' compensation law remains to be determined for the injury or medical condition treated. Effective Date: October 1, 2013 HB1160 Health Insurance - Vision Services - Provider Contracts and Delivery Systems HB 1160 prohibits a carrier from including in a vision provider contract a provision that requires a vision provider to provide services at a fee set by the carrier. Effective Date: October 1, 2013 SB0581 Health Insurance - Federal Mental Health Parity and Addiction Equity Act - Consumer Bill of Rights SB 581 requires a carrier that offers a health insurance policy or contract that: 1) is delivered or issued for delivery in the state to an employer or individual on a group or an individual basis; 2) providers coverage on an expense-incurred basis; and 3) is subject to the federal Mental Health Parity and Addiction Equity Act to provide notice that the policy is subject to the Act, a telephone number for member questions about the Act, notice that complaints about noncompliance with the Act can be filed with the Commissioner and help in filing a complaint may be obtained from the Health Education and Advocacy Unit of the Attorney General's Office. The notice shall also include procedures for a member to follow if a member is unable to secure an appointment with an in-network mental health or substance use disorder service provider without unreasonable delay. Effective Date: SB0582 Health Insurance - Federal Mental Health Parity and Addiction Equity Act - Utilization Review Criteria and Standards SB 582 requires that when a private review agent submits certification about the criteria and standards used in conducting utilization review to the Maryland Insurance Commissioner that the private review agent also include certification that the review of mental health and substance use disorder benefits are in compliance with the federal Mental Health Parity and Addiction Equity Act. Effective Date: SB0585 Health Insurance - Federal and State Mental Health and Addiction Parity Laws - Report on Compliance SB 585 requires health maintenance organizations and carriers to submit to the Maryland Insurance Commissioner a report certifying and outlining how each contract, certificate, or policy complies with the federal Mental Health and Addiction Equity Act. Effective Date: October 1, 2013 SB0746 Health Insurance - Step Therapy or Fail-First Protocol SB 746 limits the duration of a step therapy or fail-first protocol imposed by insurers, nonprofit health service plans, and health maintenance organizations. The duration of the step therapy or fail-first protocol may not exceed the earlier of 30 days or the time necessary (as determined by the prescriber) to determine the clinical effectiveness of the prescription drug or device. The bill also allows a prescriber of a covered drug or device to have immediate access to a process to override the step therapy or fail-first protocol. Effective Date: October 1, 2013 SB0769 Health Benefit Plans - Proposed Rate Increases - Notice to Insureds SB 769 requires health insurance carriers that file a proposed rate increase for a health benefit plan with the Maryland Insurance Commissioner to send a notice to insureds affected by the proposed rate increase. The notice may be sent electronically. There will be a 30 day comment period for the insureds to comment on the rate increase. Effective Date: October 1, 2013 [GO TO TOP] [GO TO BILL LIST] HB0528 Vehicle Laws - Prohibition Against Smoking in Vehicle Containing Young Child HB 528 prohibits a driver of a motor vehicle from smoking a tobacco product in a vehicle in which a child younger than age eight is a passenger. The bill also prohibits the driver from allowing vehicle passengers to smoke in the presence of such a child. The prohibition does not apply to a mobile home when it is being used as a permanent or temporary living space and instead of as a conveyance on highways. The offense is not a moving violation for which points may be assessed. A person who violates this provision is subject to a maximum fine of $50. Effective Date: October 1, 2013 HB0683 Tobacco Taxes - Healthy Maryland Initiative HB 683 increases the tobacco tax rate on cigarettes and other tobacco products. Provides that the Tobacco Use Prevention and Cessation Program shall receive funding from the Other Tobacco Products Tax Fund in certain circumstances. Money generated will go to various public health causes. Bill imposes a mandated appropriation of $21,000,000 in the annual State Budget Bill. Effective Date: Various HB0810 Mental Health Professionals - Duty to Report Risk of Serious Harm - Firearm Safety HB 810 requires that when a mental health professional who is providing treatment to an individual determines that the individual is likely to engage in conduct that would result in serious harm to the individual or others, the mental health professional must report the determination of the likelihood of harm to the Department of Health and Mental Hygiene (DHMH). Effective Date: October 1, 2013 HB0915 Department of Health and Mental Hygiene - Advance Directive Registry - Fee and Date of Operation HB 915 requires the Secretary of Health and Mental Hygiene to set a fee, by regulation, for services of the Advance Directive Registry; and requires the Department of Health and Mental Hygiene to take the steps necessary to make the Registry operational on or before October 1, 2014. Effective Date: October 1, 2013 SB0246 Vehicle Laws - Protective Headgear Requirement for Motorcycle Riders - Exception SB 246 exempts an individual age 21 or older who carriers at least $10,000 in health insurance coverage for injuries that may be incurred in a motorcycle accident from the requirement to wear specified protective headgear while operating a motorcycle. Effective Date: October 1, 2013 SB0380 Department of Health and Mental Hygiene - Workgroup on Cancer Clusters and Environmental Causes of Cancer SB 380 requires the Department of Health and Mental Hygiene (DHMH), in consultation with the Maryland Department of the Environment (MDE), to convene a workgroup to examine issues relating to the investigation of potential cancer clusters in the state and potential environmental causes of cancer. DHMH must report to the Governor and the General Assembly on the workgroup's findings by June 30, 2014. The bill takes effect July 1, 2013. Effective Date: July 1, 2013 SB0618 Public Health - Baby Bumper Pads - Restrictions on Sale SB 618 sets forth standards under which baby bumpers may be sold in the state regardless of any regulations prohibiting the sale of baby bumpers. Effective Date: June 1, 2013 SB0768 Driver Education Program - Classroom Instruction - Organ, Eye, and Tissue Donation Education SB 768 requires the Motor Vehicle Administration to adopt regulations requiring that classroom instruction for the driver education program include an online course of at least 30 minutes that pertains to organ, eye, and tissue donation and the process of becoming a donor in the state. The online course shall be established and operated by Donate Life Maryland. Effective Date: October 1, 2013 SB0776 Task Force on the Use of Telehealth to Improve Maryland Health Care SB 776 establishes a 26-member Task Force on the Use of Telehealth to Improve Health Care in Maryland. The legislation does not define "telehealth" and charges the Task Force with the following: Effective Date: October 1, 2013 [GO TO TOP] [GO TO BILL LIST] HB0581 Hospitals - Establishment of Palliative Care Programs - Required HB 581 requires all hospitals with 50 beds or more to implement palliative care programs that meet the standards set by the Joint Commission for palliative care programs on or before July 1, 2016. Effective Date: October 1, 2013 [GO TO TOP] [GO TO BILL LIST] HB0600 Maryland Medical Assistance Program - Judgments - Third-Party Tortfeasors HB 600 requires that a judgment obtained in favor of a Maryland Medical Assistance Program recipient against a third-party tortfeasor for certain damages be paid within 30 days after the judgment is final, or the amount of the judgment will be increased by an amount equal to the amount of the payments made by the Department of Health and Mental Hygiene. The bill will authorize the Department to collect from a program recipient the full amount of the payments made by the Department on behalf of the program recipient without any reduction for attorney's fees or procurement costs. Effective Date: October 1, 2013 HB0697 Courts and Judicial Proceedings - Maryland Mediation Confidentiality Act - Applicability HB 697 will alter the scope of the Maryland Mediation Confidentiality Act to apply to a mediation in which: the parties are required to mediate by law; the parties are referred to mediation by an administrative agency or arbitrator; or the mediator states in writing to any and all parties and potential parties that; the mediation communications will remain confidential; and the mediator has read and will abide by the Maryland standard of conduct for mediators. The parties and mediator by written and signed agreement may agree to exclude all or part of the mediation communications from these requirements. Effective Date: October 1, 2013 SB0213 Emergency Medical Services - Automated External Defibrillators - Immunity from Liability SB 213 extends immunity from civil liability to an individual who provides assistance or medical aid to a victim at the scene of an emergency if: (1) the assistance is provided by use of an available automated external defibrillator (AED); (2) the assistance or aid is provided in a reasonably prudent manner; and (3) the individual relinquishes care of the victim when someone who is licensed or certified by the State to provide medical care or services becomes available to take responsibility. Effective Date: October 1, 2013 SB0263 Civil Actions - Award of Attorney's Fees and Expenses SB 263 authorizes a court to award reasonable attorney's fees and expenses to a prevailing party in a civil action (1) to enforce a right secured by the Maryland Constitution or the Maryland Declaration of Rights or (2) that has resulted in the enforcement of an important right affecting the public interest. The bill also requires a court to consider specified factors in determining whether to make an award of attorney's fees to a prevailing plaintiff, establishes a method of calculating awards of attorney's fees, and establishes that the liability limits under the Maryland Tort Claims Act and the Local Government Tort Claims Act do not include an award for attorney's fees and expenses under the bill. Effective Date: October 1, 2013 SB0502 Maryland Medical Assistance Program - Judgments - Third-Party Tortfeasors SB 502 requires a judgment obtained in favor of a Maryland Medical Assistance Program recipient against a third-party tortfeasor for certain damages and the judgment is not paid within 30 days after the judgment is final, the amount of the judgment will be increased by an amount equal to the amount of the payments made by the Department of Health and Mental Hygiene. The bill will authorize the Department to collect from a program recipient the full amount of the payments made by the Department on behalf of the program recipient without any reduction for attorney's fees or procurement costs. Effective Date: October 1, 2013 SB0771 Postjudgment Interest - Medical Injury SB 771 alters the legal rate of interest on a money judgment for a medical injury from 10% to 3% or the federal prime rate, whichever is greater. Effective Date: October 1, 2013 SB0819 Maryland Contributory Negligence Act SB 819 establishes that the common law doctrine of contributory negligence, as it existed under its judicially determined meaning on January 1, 2011, shall remain an affirmative defense that may be raised by a party under specified circumstances; and making the act contingent on specified action taken by the Court of Appeals of Maryland. Effective Date: Contingent - June 1, 2013 [GO TO TOP] [GO TO BILL LIST] HB0061 State Brain Injury Trust Fund HB 61 establishes the State Brain Injury Trust Fund (SBITF) as a special, nonlapsing fund for the purpose of assisting in the provision of specified services to eligible individuals who have sustained brain injuries. Effective Date: October 1, 2013 HB1117 Motor Vehicle Liability Insurance - Mandatory Coverage - Medical and Hospital Benefits This bill requires each insurer that provides motor vehicle liability insurance in the state to provide medical and hospital benefits to individuals injured in a motor vehicle accident up to $1,000. Effective Date: October 1, 2013 [GO TO TOP] [GO TO BILL LIST] HB0591 State Board of Pharmacy - Wholesale Distribution - Pharmacies HB 591 will limit the authority of a pharmacy permit holder to engage in wholesale distribution. Effective Date: October 1, 2013 SB0080 Public Health - Prescription Drug Monitoring Program - Disclosure of Prescription Monitoring Data SB 80, a departmental bill, adds the Division of Drug Control (DDC) to the list of entities to which the Prescription Drug Monitoring Program (PDMP) must disclose prescription monitoring data. Data must be disclosed, on approval of the Secretary of Health and Mental Hygiene, for the purpose of furthering an existing bona fide individual investigation. Effective Date: October 1, 2013 SB0595 State Board of Pharmacy - Wholesale Distribution - Pharmacies SB 595 limits the authority of a pharmacy permit holder to engage in wholesale distribution. Effective Date: October 1, 2013 SB0781 Pharmacists - Biosimilar Biological Products - Substitutions SB 781 authorizes pharmacists to substitute biosimilar biological products for prescribed biological reference products only if the biosimilar biological product has been approved by the US Food and Drug Administration to be interchangeable; and the authorized prescriber does not state expressly that the prescription is dispensed only as directed. Requires pharmacists or their designees to give notice to the patient in writing and provide notification to the authorized provider, if the pharmacist substitutes an interchangeable biosimilar biological product for a prescribed biological reference product. Requires the pharmacists or their designees to record specified information about the substitution. Effective Date: October 1, 2013 [GO TO TOP] [GO TO BILL LIST] HB0402 Frederick County - Authority to Ban Synthetic Cannabinoids HB 402, emergency bill authorizes the County Commissioners of Frederick County to adopt an ordinance that: (1) prohibits the knowing or intentional possession of synthetic cannabinoids; (2) prohibits the sale or manufacture of synthetic cannabinoids; (3) makes real property used in violation of the ordinance a nuisance; and (4) establishes civil and criminal penalties for a violation of the ordinance. The bill defines a "synthetic cannabinoid" to be a chemical compound that is chemically synthesized and has been demonstrated to have binding activity at one or more cannabinoid receptors or is a chemical analog or isomer of a compound that has been demonstrated to have binding activity at one or more cannabinoid receptors. The bill also includes a number of specified substances as synthetic cannabinoids. The bill does not apply to a drug approved by the Food and Drug Administration or a drug used in research by an institute of higher learning or the National Institutes of Health. Effective Date: Emergency Measure HB0488 Frederick County - Synthetic Cannabinoids - Prohibition HB 488 will prohibit, in Frederick County, a person from using, manufacturing, possessing, or distributing synthetic cannabinoids; establishing criminal penalties for a violation of the act; defining a term; and making the act an emergency measure. Effective Date: Emergency Measure HB0726 Economic Development - Sickle Cell Disease Research Program HB 726 creates the Sickle Cell Disease Research Program and the Sickle Cell Disease Research Fund (a special, nonlapsing fund) to provide grants and loans to public and private entities in the state for the development of cures for sickle cell disease using bone marrow and umbilical cord blood. The bill requires the Maryland Technology Development Corporation (TEDCO) to administer the program and the fund, similar to the way the Stem Cell Research Fund is administered. TEDCO must establish a competitive application process as well as criteria and procedures for awarding grants from the fund to eligible recipients. Effective Date: October 1, 2013 SB0109 Criminal Law - Controlled Dangerous Substances - Research - Synthetic Cannabinoids SB 109 enables an authorized provider to conduct research on a controlled dangerous substance listed in Schedule I that is not scheduled under federal law if the authorized provider is approved by a federally registered institutional board or institutional animal care and use committee to conduct the research. The bill also adds "synthetic cannabinoids" to the list of Schedule I controlled dangerous substances under state law. Effective Date: October 1, 2013 SB0203 Income Tax Credit - Qualified Research and Development Expenses - Credit Amounts and Small Business Refund SB 203 defines "small business" as it relates to a refund in connection with a credit against the state income tax for research and development expenses incurred by an individual or corporation. Small business means a for-profit corporation, LLC, partnership, or sole proprietorship with net book value assets totaling less than $5 million per year. Effective Date: June 1, 2013 SB0320 Frederick County - Authority to Ban Synthetic Cannabinoids SB 320, an emergency bill, authorizes the County Commissioners of Frederick County to adopt an ordinance that: (1) prohibits the knowing or intentional possession of synthetic cannabinoids; (2) prohibits the sale or manufacture of synthetic cannabinoids; (3) makes real property used in violation of the ordinance a nuisance; and (4) establishes civil and criminal penalties for a violation of the ordinance. Effective Date: Emergency Measure SB0368 Maryland Stem Cell Research Fund - Annual Report - Government Transparency Requirements SB 368 requires the Maryland Stem Cell Research Fund annual report to include information on each award recipient's employer, award recipients' research results, and award tracking information. Effective Date: October 1, 2013 SB0651 Criminal Law - Synthetic Cannabinoids - Penalties SB 651 lists synthetic cannabinoids on Schedule I to designate controlled dangerous substances that may not be legally used, possessed, or distributed; defining "synthetic cannabinoids"; and establishing criminal penalties for a violation of the act. Effective Date: October 1, 2013 SB0708 Tobacco-Related Disease Products Research, Development, and Commercialization Program SB 708 establishes the Tobacco-Related Disease Products Research, Development, and Commercialization Program and Fund. The purpose of the program is to promote the research, development, and commercialization of innovative products and technologies that address tobacco-related diseases. The purpose of the fund is to provide grant money to companies in the amount of $200k for a single company; or $300k for a company collaborating with a nonprofit medical research institute or care facility. Requires recipients of Program funds to pay a specified royalty. The Fund consists of money from the Cigarette Restitution Fund, royalties from the Program, investment earnings from the Fund, and any other money for any other source accepted for benefit of the Fund. Effective Date: July 1, 2013 [GO TO TOP] [GO TO BILL LIST] HB1031 Estate Tax and Income Tax - Qualifying Income Interest for Life and Subtraction Modification for Health Insurance and Medical Expenses HB 1031 provides an income tax subtraction modification for 100% the cost of health insurance and other medical expenses incurred by an individual on behalf of another adult individual living with the individual claiming the subtraction. The subtraction may not exceed $5,000. Effective Date: July 1, 2013 [GO TO TOP] [GO TO BILL LIST] HB0127 Labor and Employment - Payment of Overtime Wages HB 127 limits the applicability of an overtime wage provision of law to exclude, under specified circumstances, a specified employer that is subject to Title II of the federal Railway Labor Act. Effective Date: October 1, 2013 HB0479 Labor and Employment - Payment of Wages HB 479 clarifies that employees must be paid the full wages owed to them during a pay period on all paydays that fall within a given year. Effective Date: October 1, 2013 HB0583 Unemployment Insurance - Relief from Charges for Overpayment of Benefits - Restrictions HB 583 alters the circumstances under which the Secretary of Labor, Licensing, and Regulation is prohibited from removing a benefit charge from the earned rating record of an employing unit; requiring, except under specified circumstances, the Secretary to remove benefits charged to a not-for-profit organization or governmental entity from the account of the not-for-profit organization or governmental entity under specified circumstances. Effective Date: October 1, 2013 HB0595 Workers' Compensation - Retaliation by Employer - Prohibition HB 595 expands a provision of law that prohibits an employer from discharging a covered employee who files a claim for workers' compensation to include prohibiting the employer from retaliating in any way against the covered employee. The bill applies a criminal penalty of up to $500 or no more than 1 year imprisonment or both for a violation of the act; authorizes a covered employee aggrieved to bring a civil action against the employer and; authorizes a court to grant specified relief if the trier of fact in a specified action finds in favor of the employee. Effective Date: October 1, 2013 HB0599 Courts - Jury Service - Employer Compensation HB 599 requires an employer with 10 or more employees to compensate an employee for job time lost as a result of responding to a summons issued for jury service. An employer must provide compensation to an employee for each day of service as a juror based on the amount of the employee's average daily compensation from the employer, less the amount of the State per diem and any applicable local supplement paid or payable to the employee. Existing penalties relating to employers and jury duty apply to a violation of the bill's provisions. The bill applies prospectively to jury service from the October 1, 2013 effective date. Effective Date: October 1, 2013 HB0654 Workers' Compensation - Temporary Total Disability Benefits - Credit HB 654 specifies that an employer (or its insurer) may be entitled to a credit for compensation paid to a covered employee who is temporarily totally disabled due to an accidental personal injury or an occupational disease if the employee's medical treatment for the injury or disease is delayed or suspended due solely to an unrelated injury, disease, or medical condition. The credit must be allowed only for compensation paid during the period in which employee's medical treatment was delayed or suspended. The bill must be construed to apply only prospectively. Effective Date: October 1, 2013 HB0664 Workers' Compensation Commission - Regulation of Charges - Medical Services and Treatment HB 664 clarifies that the authority of the Workers' Compensation Commission to regulate charges for medical services or treatment includes the authority to regulate fees charged by a medical expert for the examination of a covered employee, the preparation of a report, testimony, or similar services. Effective Date: October 1, 2013 HB0735 Labor and Employment - Maryland Earned Sick and Safe Leave Act HB 735 will require employers to provide an employee with earned sick and safe leave that is paid at the same rate and with the same benefits as the employee normally earns. The earned sick leave is to accrue at a rate of at least 1 hour for every hour an employee works. The employer is not required to allow an employee to earn more than 56 hours of sick and safe leave; or use more than 80 hours of earned sick and safe leave in a year. An employer may award an employee the full amount of sick and safe leave at the beginning of a calendar year. Sick and safe leave will begin to accrue on October 1, 2013. If an employee has unused sick and safe leave at the end of a year, they may carry the balance over to the next calendar year as long as it is not more than 56 hours. If an employee changes divisions/locations but continues to work for the same employer they may keep safe and sick leave that is accrued in another division of the same employer. If an employee is rehired by an employer more than 12 months after leaving the employment of the employer, the employer is not required to reinstate any unused earned sick and safe leave. An employer must allow an employee to use sick and safe leave to: care for the employee's or employee's family members mental or physical illness, injury, or condition; obtain preventative medical care for the employee or employee's family member; if the employer's place of business has closed by order of public official due to a public health emergency; if the school or child care provider for the employee's family member has closed by order of public official due to a public health emergency; to care for a family member with a communicable disease under certain circumstances and; for domestic violence, sexual assault, or stalking against the employee or employee's family member under certain circumstances. In order to request sick and safe leave, the employee must notify the employer of the anticipated duration and comply with procedures set by the employer. An employer may not require an employee to find a replacement when they are out on sick and safe leave. An employer may not require an employee to disclose details of the reason for leave under certain circumstances. An employer may require an employee who uses more than 3 consecutive days of sick and safe leave to provide reasonable documentation. An employer is required to notify employees that they are entitled to sick and safe leave. An employer that violates the act is subject to a civil penalty not to exceed $125 for the first violation and $250 for each additional violation. The Commissioner or an employee may bring action in court against the employer that is in violation of the act. An employer must not retaliate against an employee that exercises their rights under the act. An employer must keep records of sick and safe leave taken by employees. Effective Date: October 1, 2013 HB0788 Living Wage Law - Application and Enforcement HB 788 repeals an exemption from the payment of a specified wage to a full-time employee who works less than 13 consecutive weeks for the duration of a state procurement contract; repeals a provision of law that specified wage contracts do not apply to nonprofit organizations; and requires employers under state contract to pay liquidated damages of $25 to the state for each calendar day the records or reports are late. Effective Date: October 1, 2013 HB0795 Maryland Occupational Safety and Health Act - Discrimination Against Employee - Complaints HB 795 authorizes an employee who believes that an employer or other person has discharged or otherwise discriminated against the employee in violation of the Maryland Occupational Safety and Health Act to submit an oral complaint to the Commissioner of Labor and Industry. Effective Date: October 1, 2013 HB0804 Employment Discrimination - Reasonable Accommodations for Disabilities Due to Pregnancy HB 804 requires an employer to explore reasonable accommodations for an employee that has a disability caused or contributed to by pregnancy if a reasonable accommodation is requested by the employee. Requires an employer to transfer an employee to a less strenuous or less hazardous position for a specified period of time in specified circumstances. Authorizes an employer to require an employee to provide certification from the employee's health care provider under specified conditions. Requires an employer to post information on an employee's right to reasonable accommodations or leave for a disability caused or contributed to by pregnancy. Effective Date: October 1, 2013 sb0051 Employment Contracts � Noncompetition Covenant � Conditions Affecting Enforcement SB 51 exempts an individual who has applied for and is eligible to receive unemployment insurance (UI) benefits from being bound by a noncompetition covenant with the individual's prior employer. The bill applies only prospectively and has no effect on contracts entered into before its October 1, 2013 effective date. Effective Date: sb0065 Workers' Compensation - Claim Processing - Electronic Delivery of Decisions SB 65 authorizes the Workers' Compensation Commission (WCC) to send copies of its decisions and orders electronically if the party's attorney of record (or, if the party is unrepresented, the party) consents. Effective Date: SB0609 Workers' Compensation - Retaliation by Employer - Prohibition SB 609 expands a provision of law that prohibits an employer from discharging a covered employee who files a claim for workers' compensation to include prohibiting the employer from retaliating in any way against the covered employee. The bill applies a criminal penalty of up to $500 or no more than 1 year imprisonment or both for a violation of the act; authorizes a covered employee aggrieved to bring a civil action against the employer; and authorizes a court to grant specified relief if the trier of fact in a specified action finds in favor of the employee. Effective Date: October 1, 2013 SB0668 Labor and Employment - Right to Work SB 668 prohibits an employer from refusing to employ or continuing to employ an individual based on the individual's membership or nonmembership in a labor Effective Date: October 1, 2013 SB0680 Health Insurance Carriers - Prompt Payment of Claims - Workers' Compensation Claims SB 680 requires an insurer, a nonprofit health service plan, or a health maintenance organization to comply with prompt payment requirements, notwithstanding that compensability under the workers' compensation law remains to be determined for the injury or medical condition treated. Effective Date: October 1, 2013 SB0683 Labor and Employment - Maryland Wage and Hour Law - Payment of Wages SB 783 requires employers, as of July 1, 2013, to pay the greater of the federal minimum wage or a state minimum wage of $8.25 per hour to employees subject to federal or state minimum wage requirements. The bill provides for subsequent annual increases in the state's minimum wage, beginning July 1, 2013 at $8.25 to $10.00 on July 1, 2015. Requires that the Commissioner publish the rate in the Maryland Register on or before April 1st each year. Repeals the exemption from the Maryland Wage and Hour Law for specified individuals. Effective Date: June 1, 2013 SB0717 Workers' Compensation Commission - Regulation of Charges - Medical Services and Treatment SB 717 clarifies that the authority of the Workers' Compensation Commission to regulate charges for medical services or treatment includes the authority to regulate fees charged by a medical expert for the examination of a covered employee, the preparation of a report, testimony, or similar services. Effective Date: October 1, 2013 SB0756 Living Wage Law - Application and Enforcement SB 756 repeals an exemption from the payment of a specified wage to a full-time employee who works less than 13 consecutive weeks for the duration of a state procurement contract; repeals a provision of law that specified wage contracts do not apply to nonprofit organizations; and requires employers under state contract to pay liquidated damages of $25 to the state for each calendar day the records or reports are late. Effective Date: October 1, 2013 SB0757 Maryland Occupational Safety and Health Act - Discrimination Against Employee - Complaints SB 757 authorizes an employee who believes that an employer or other person has discharged or otherwise discriminated against the employee in violation of the Maryland Occupational Safety and Health Act to submit an oral complaint to the Commissioner of Labor and Industry. Effective Date: October 1, 2013 SB0758 Labor and Employment - Lien for Unpaid Wages - Establishment SB 758 requires an employee to provide written notice to a employer first in order to establish a lien for unpaid wages; authorizes an employer to dispute a lien for unpaid wages by filing a complaint in a circuit circuit court; authorizes the employer or employee to request an evidentiary hearing; requires a circuit court to make a determination on a claim to establish a lien for unpaid wages; authorizing a circuit court to take specified actions. Effective Date: October 1, 2013 SB0784 Employment Discrimination - Reasonable Accommodations for Disabilities Due to Pregnancy SB 784 requires an employer to explore reasonable accommodations for an employee that has a disability caused or contributed to by pregnancy if a reasonable accommodation is requested by the employee. Requires an employer to transfer an employee to a less strenuous or less hazardous position for a specified period of time in specified circumstances. Authorizes an employer to require an employee to provide certification from the employee's health care provider under specified conditions. Requires an employer to post information on an employee's right to reasonable accommodations or leave for a disability caused or contributed to by pregnancy. Effective Date: October 1, 2013
For more information, please contact: Delora Sanchez
General Business
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
General Education
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Matt Greenwood
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
staff member within 24 hours of an emergency application or on the next school day.
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
Health Care Administration
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
Health Care Facilities
For more information, please contact: Nicki McCann
For more information, please contact: Sheila Higdon
Health Care Occupations
For more information, please contact: Delora Sanchez
The circumstances include when a provision of state law or an implementing or interpretive transmittal, notice, form, policy, procedure, or other document prepared including an oral authorization that is documented, in accordance with state law, requires or refers to a signature, a certification, a verification, an affidavit, or any other endorsement by a physician, then the term "physician" shall be interpreted to include an advanced practice nurse and a physician assistant.
For more information, please contact: Nicki McCann
For more information, please contact: Nicki McCann
For more information, please contact: Nicki McCann
For more information, please contact: Nicki McCann
For more information, please contact: Nicki McCann
For more information, please contact: Nicki McCann
For more information, please contact: Nicki McCann
For more information, please contact: Nicki McCann
For more information, please contact: Nicki McCann
For more information, please contact: Nicki McCann
For more information, please contact: Nicki McCann
For more information, please contact: Nicki McCann
For more information, please contact: Nicki McCann
For more information, please contact: Nicki McCann
For more information, please contact: Nicki McCann
A badge or other form of identification is not required to be worn if the patient is being seen in the office of a health care practitioner who is a solo practitioner and the name and license of the health care practitioner can be readily determined by the patient from a posted license or sign in the office.
For more information, please contact: Nicki McCann
For more information, please contact: Nicki McCann
For more information, please contact: Nicki McCann
For more information, please contact: Nicki McCann
For more information, please contact: Delora Sanchez
For more information, please contact: Nicki McCann
For more information, please contact: Nicki McCann
For more information, please contact: Delora Sanchez
For more information, please contact: Nicki McCann
Health Insurance/Health Care Access
A pharmacy benefits manager shall allow any licensed pharmacy or pharmacist to fill a prescprition for a specialty drug so long as the licensed pharmacy or pharmacist has a contract with the pharmacy benefits manager, has the specialty drug in inventory (or ready access) and is capable of complying with special handling.
The bill requires a pharmacy benefits manager to reimburse a retail pharmacy for a specialty drug on a formulary at the current preferred brand tier reimbursement rate specified in the contract between the pharmacy benefits manager and the retail pharmacy,
For more information, please contact: Nicki McCann
For more information, please contact: Nicki McCann
For more information, please contact: Nicki McCann
For more information, please contact: Nicki McCann
For more information, please contact: Nicki McCann
For more information, please contact: Delora Sanchez
For more information, please contact: Nicki McCann
For more information, please contact: Nicki McCann
Health, General/Public/Environmental
For more information, please contact: Nicki McCann
For more information, please contact: Delora Sanchez
If DHMH agrees that the individual is likely to engage in conduct resulting in harm, DHMH must notify the State Police.
The decision of a mental health professional to report or not report information in accordance with this act may not be the basis for any civil or criminal liability of the mental health professsional.
For more information, please contact: Delora Sanchez
For more information, please contact: Nicki McCann
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Nicki McCann
For more information, please contact: Nicki McCann
1. Identify opportunities to use telehealth to improve health status and health care delivery in the state including analysis of:
a. Underserved populations and areas
b. Applications for cost-effective telehealth
c. Innovative service models for diverse care settings to include acute and chronic; and,
d. Innovative payment models.
2. Assess factors related to telehealth including an analysis of:
a. Supportive uses of electronic health records and the health information exchange
b. Multimedia uses of products or services for patient engagement, education, and outcome
c. Health professional productivity, resources, and shortages,
d. Emerging technology and standards for security; and,
e. Public and private grant funding.
3. Collaborate with:
a. Roundtables established to study telehealth in the state,
b. he Maryland Rural Council, and
c. Any other organization that the co-chairs of the Task Force consider appropriate.
d. Review and consider any studies, reports or other work completed by the Roundtable.
e. Study any other topic that the Task Force finds necessary to make recommendations regarding the use of telehealth in the state.
4. Make recommendations regarding the use of telehealth in the state including recommendations for:
a. Improving healthcare affordability, accessibility, and quality,
b. Developing a model for statewide telehealth infrastructure, service, and access,
c. Utilizing private and public grant funding,
d. Providing workforce training; and,
e. Improving public health.
Members include:
� a member of the Senate and a member of the House of Delegates who will serve as co-chairs
� Secretary of the Department of Health and Mental Hygiene (DHMH)
� Executive Director of the Maryland Health Care Commission
� Executive Director of the Office of Rural Health at DHMH
� Director of Program Development for the Maryland Critical Care Network - University of Maryland Medical System
� Executive Director of the Maryland Institute for Emergency Medical Services
� 2 representatives from the medical community that serve the medically underserved populations of the state or are located in provider shortage underserved areas of the state
� 2 consumers
� 1 representatives each from Health Information Exchange and the State Task Force on Telemedicine of 2011
� 2 representatives from the health insurance industry
� 2 representatives from roundtables in the state to study telehealth
� 1 individual who provides health care through telemedicine
� 1 individual who provides care through a patient-centered medical home
� 1 psychiatrist
� 1 provider of behavioral health medicine
� 1 representative of a hospital that provides telemedicine\
� 1 representative of the Governor's Workforce Investment Board
The Task Force will issue a preliminary report by May 1, 2014 and a final report on December 1, 2014.
For more information, please contact: Sheila Higdon
Long Term Care
For more information, please contact: Nicki McCann
Medical Liability/Tort Reform
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
Miscellaneous
The fund may be used to support prevention, education, and awareness programs; medical services; housing and residential services; durable medical equipment; assistive technology assessment and equipment; services to assist in the return to driving; evaluation and training related to the brain injury; educational needs; and services related to rehabilitation, neurobehavioral health, nursing home transition, community reentry, and transportation.
To be eligible for assistance from the fund, an individual must: (1) have been a U.S. citizen and state resident at the time of the injury; (2) have a documented brain injury; (3) have income no greater than 300% of the federal poverty level; and (4) have exhausted all other health, rehabilitation, and disability benefit funding sources that cover services provided by the fund.
The fund consists of motor vehicle registration surcharges paid into the fund, money appropriated in the state budget to the fund, investment earnings of the fund, and any other money from any other source accepted for the benefit of the fund.
For more information, please contact: Delora Sanchez
For more information, please contact: Nicki McCann
Prescription Drugs
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
Research/Human Subject
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
The bill alters the amount of research and development credits that the Department of Business and Economic Development may approve in a calendar year from $3 million to $9 million; provides that specified unused credits may be claimed as a refund; and applying the act to Maryland research and development tax credits certified after December 15, 2013.
For more information, please contact: Patrick Murray
The bill defines a "synthetic cannabinoid" to be a chemical compound that is chemically synthesized and has been demonstrated to have binding activity at one or more cannabinoid receptors or is a chemical analog or isomer of a compound that has been demonstrated to have binding activity at one or more cannabinoid receptors. The bill also includes a number of specified substances as synthetic cannabinoids. The bill does not apply to a drug approved by the Food and Drug Administration or a drug used in research by an institute of higher learning or the National Institutes of Health.
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
Tax Policy
For more information, please contact: Nicki McCann
Workplace Regulation
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
organization. It also bars an employer from requiring an individual to join or to refrain from joining a labor organization, and from requiring an individual to pay dues, fees, or other charges to a labor organization. An individual may pursue a civil cause of action against an employer who violates the individual's rights under the bill; if successful, the individual may be awarded actual damages, punitive damages, injunctive relief, reasonable attorney's fees, and other reasonable litigation costs. The Attorney General may seek an injunction against an employer who has violated the bill to prevent further violations. The bill applies only prospectively and does not affect any collective bargaining agreements entered into before the bill's October 1, 2013 effective date.
For more information, please contact: Delora Sanchez
For more information, please contact: Nicki McCann
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
For more information, please contact: Delora Sanchez
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47 State Circle, Suite 203
Annapolis, MD 21401
410-269-0057
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| Mickey Geisler | [email protected] |
| Matt Greenwood | [email protected] |
| Sheila Higdon | [email protected] |
| Nicki McCann | [email protected] |
| Patrick Murray | [email protected] |
| Delora Sanchez | [email protected] |
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